ECPTA MINI-BID DOCUMENT FOR QUOTATIONS. SUBJECT: SUPPLY & DELIVERY OF GAME AUCTION 2016 BRANDING ELEMENTS QUOTE NO: 107/15/16 CLOSING DATE: 09 MARCH 2016 TIME: 11H00AM COMPANY NAME:
TABLE OF CONTENTS PAGE TABLE OF CONTENTS PAGE 1. Quotation Enquiry 3 2. Terms of Reference 4 3. Bid enquiries 5 4. Validity Period 5 5. Evaluation Criteria 5-6 6. Bid Conditions 7-8 7. Pricing Schedule 9-10 8. General Conditions of Contract 11-23 9. SBD1: Preferential Procurement Policy and its Regulations of 2011 24-31 10. SBD4: Declaration of Interest 32-36 11. SBD 8 : Declaration of Bidders Past Supply Chain Management Practices 37-38 12. SBD 9: Certificate of Independent Bid Determination 39-40 2
TO: ATTENTION: TEL: FAX: EMAIL: DATE: REQUEST FOR A QUOTATION FOR THE SUPPLY & DELIVERY OF GAME AUCTION 2016 BRANDING ELEMENTS Dear Sir / Madam Please submit a quote to the ECPTA. NB: It is important that ALL detailed information required is furnished in full. Failure to comply with any of the requirements will render your quote liable to rejection, late and incomplete quotes will not be considered. Closing Date: 09 March 2016 Closing Time: 11H00 Delivery Address: No. 6 St Marks Road, Southernwood, East London Enquiries regarding the bid document: Ms. Lunathi Mqalo Email Address: Lunathi.Mqalo@ecpta.co.za Phone: 043-705 4400 Enquiries regarding the technical aspects: Mr. Bongani Matshisi Email Address: Bongani.Matshisi@ecpta.co.za NB: Quotes must be inserted into a sealed envelope and be deposited in the Tender Box located at the reception at the abovementioned address, or alternatively couriered to the abovementioned delivery address. We are looking forward to receiving your quote. Ms. Lunathi Mqalo PROCUREMENT OFFICER 3
REQUEST FOR A QUOTATION FOR THE SUPPLY & DELIVERY OF GAME AUCTION 2016 BRANDING ELEMENTS ITEM & DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE Conceptual Design of look and feel for 2016 Game 1 Auction A5 programmes, single sided. Stock: 128gsm 100 A5 fold to A6 Buyers cards, F/C, D/S. Stock: 200gsm Matt, perforated and folded 150 16 page catalogue. Stock: cover - 200gsm Matt full 150 colour, Inner 80gsm bond B&W A5 flyers, F/C Stock: 128gsm Matt single sided 1000 Branded lanyards (2 colour print), pouches + full colour 170 inserts Electronic Invite 1 50 Slide Presentation (text to be supplied by the ECPTA) 1 SUB TOTAL: DELIVERY CHARGES (IF APPLICABLE) VAT: GRAND TOTAL: Kindly complete this form and also provide your quotation on your company letter head. Quotations should be signed and stamped. 4
AVAILABILITY: NAME OF THE COMPANY: PHYSICAL ADDRESS: NAME OF PERSON COMPLETING QUOTE: TEL NO.: CELL NO.: EMAIL ADDRESS: AUTHORISED SIGNATORY: DESIGNATION IN THE COMPANY: DATE: EVALUATION CRITERIA PREFERENTIAL PROCUREMENT POLICY ACT NO. 5 OF 2000 AND ITS REGULATIONS WILL APPLY: The PREFERENTIAL PROCUREMENT REGULATIONS OF 2011 will apply and quotes will be scored against Price and B-BBEE contribution level (Table 1).Points for Price and B-BBEE status will be calculated as described in the Preferential Procurement Regulations of 2011 and in the attached Preferential Points Claim Form. The attached Preferential Points Claim Form (SBD 6.1) must be completed if points are to be claimed for B-BEE contributions and a B-BBEE compliance certificate submitted to substantiate this claim. If a B-BBEE Compliance Certificate is not provided the points for B-BBEE will be forfeited. Table 1: Criteria Bid Price 80 B-BBEE Contribution Level 20 Total 100 Points Available 5
GENERAL CONDITIONS OF THE BID 1. Interpretation The word Bidder in these conditions shall mean and include any firm or any company or body incorporated or unincorporated. The word ECPTA in these conditions shall mean the Eastern Cape Parks & Tourism Agency. 2. Extent of the bid This contract is for the provision of the services as detailed in the attached Specification (page 4-5). 3. Contract to be Binding The formal acceptance of the Purchase Order by the ECPTA will constitute a contract binding on both parties. 4. Mode of the Bid All Bids shall be completed and signed: All forms, annexure, addendums and specifications shall be signed and returned with the Bid document as a whole. The lowest or any Bid will not necessarily be accepted. The ECPTA wishes to deal on a prime contractual basis with the successful Bidder being responsible and accountable for all aspects of the entire solution or service offered. 5. Quality Should the specifications and / or descriptions not address any aspects of quality as specified, clarity should be provided to the ECPTA prior to the submission of a quotation. 6. Insurance Claims, etc. The ECPTA shall not be liable in any manner in respect of any claims, damages, accidents and injuries to persons, property or rights or any other courses of civil or criminal action that may arise from the carrying out of this contract. The company shall insure his / her / their personnel and any plant, machinery or other mechanical or electronic equipment involved in the fulfillment of this contract and shall indemnify the ECPTA 6
against all risks or claims which may arise. It will be required from the successful Bidder to submit proof of insurance or any other valid form of indemnification to ECPTA for scrutiny. 7. Signing of Documents Bidders are required to return the complete set of documents duly signed. 8. Period of Validity for Bids and withdrawal of Bid after Closing Date All bids must remain valid for a period of 90 (ninety) days from the closing date as stipulated in the Bid document. 8.1 Penalty Provision Should the successful Bidder: a. Withdraw the Bid during the afore-mentioned period of validity; or b. Advise the ECPTA of his / her / their inability to fulfill the contract; or c. Fail or refuse to fulfill the contract; or d. Fail or refuse to sign the agreement or provide any surety if required to do so; Then, the Bidder will be held responsible for and is obligated to pay to the ECPTA: All expenses incurred by the ECPTA to advertise for or invite and deliberate upon new Bids, should this be necessary. The difference between the original accepted Bid price and: (i) A less favorable (for the ECPTA) Bid price accepted as an alternative by the ECPTA from the Bids originally submitted; or (ii) A new Bid price. 9. Value Added Tax In calculating the cost of the supply and delivery of services and / or material, the supplier will issue a Tax Invoice for all services rendered and / or materials supplied, which will reflect the exclusive cost of such services, goods or materials with the relevant Value Added Tax being added to the total. VAT must be included in the Bid price, but must be shown separately. 10. Price Escalation: N/A 7
13. Authority to Sign Bid Documents In the case of a Bid being submitted on behalf of a company, close corporation or partnership, evidence must be submitted to the ECPTA at the time of submission of the Bid that the Bid has been signed by persons properly authorized thereto by resolution of the directors or under the articles of the entity. 14. Samples: N/A 15. Duration of the Bid: N/A 16. Delivery Periods: The successful bidder will liaise with 17. Closing Date / Submitting of Quotations Bids must be submitted in sealed envelopes clearly marked QUOTE FOR THE SUPPLY & DELIVERY OF GAME AUCTION 2016 BRANDING ELEMENTS Quotations must be deposited in the Bid Box, 6 St Marks Road, Southernwood, East London, by no later than 11:00 am on the 09 MARCH 2016. Bids which are not submitted in a properly sealed and marked envelope and/or deposited in the relevant bid box on or before the closing date and time will not be considered. Faxed or e-mailed Bids will not be considered. 18. Bid Enquiries Enquiries should be directed to the Supply Chain Management Unit. The following official can be contacted: Ms. Lunathi Mqalo at 043 705 4400 during normal office hours viz. 08:00 16:00 Mondays to Fridays-mail: Lunathi.Mqalo@ecpta.co.za 19. Insurance and Indemnity ECPTA shall not be liable in any manner in respect of any claims, damages, accidents and injuries to persons, property or rights or any other courses of civil or criminal action that may arise from the carrying out of this contract. 8
20. Validity Period Proposals are to be held valid and binding for 90 days from the closing date of submissions (calculated from, but not including, the due date). a. Payment Payment will be made on completion of Supply and Delivery within 30 days of receipt of the invoice. b. Control of The Contract For the purposes of this contract ECPTA has appointed the Bid Committee for the adjudication, award and management of the bid. c. Agreement The successful bidder undertakes to be bound by all terms and conditions contained in this bid document. The successful bidder will be awarded a Purchase Order which serves as the binding contract with ECPTA. BIDDERS SHALL TAKE NOTE OF THE FOLLOWING BID CONDITIONS: In addition to those stipulated in any other sections of the bid documents, potential bidders should be especially aware of the following terms and conditions: The ECPTA s supply chain management policy will apply. The ECPTA does not bind itself to accept the highest bid or any other bid and reserves the right to accept the whole or part of the bid. Bids which are late, incomplete, unsigned, or submitted by facsimile or electronically will not be accepted; The following documents must be submitted with the bid document: a) An original Valid SARS Tax Clearance, failure to submit the document will result in disqualification of the bid. b) Company Registration documents or Cipro (CK1) Certificate and Shareholder s Certificate showing ownership details of the company c) Company Profile d) B-BBEE Verification Certificate. Bids submitted are to hold goods for a period of 90 days A service level agreement shall be signed with the successful service provider. 9
ECPTA will not be held responsible for any costs incurred by the service provider in the preparation and submission of the bid.identity documents of the owners of the company and credentials of the company and team to be involved in the project, to be included with the bid as they will be subjected to vetting ECPTA reserves the right to terminate the contract if not satisfied with the work produced by the service provider. Only bidders that have met the requirements of the bid specification shall be considered during the adjudication process; No bids will be considered if the bidder did not fully complete and sign all the relevant pages in the bid document. If the bidder does not meet this requirement it will be automatically disqualified. Companies that bid as joint venture must submit an official signed business agreement by both parties. If the service provider does not meet this requirement it will be automatically disqualified; Companies must submit a Certified Copy or an original B-BBEE Verification Certificate. Companies that bid as joint venture must submit a consolidated B-BBEE Verification Certificate. The ECPTA Bid Committee and the Supply Chain Management Unit may, before a bid is adjudicated or at any time during the bidding process, oblige a bidder to substantiate any claims it may have made in its bid documents. Any enquiries regarding bidding procedures may be directed to: Ms. Lunathi Mqalo OR Mr Bongani Matshisi Procurement Officer, Tel: 043-705 4400 Branding & Marketing Manager Email: Lunathi.Mqalo@ecpta.co.za Email: Bongani.Matshisi@ecpta.co.za 10
GENERAL CONDITIONS OF CONTRACT TABLE OF CLAUSES 1. Definitions 2. Application 3. General 4. Standards 5. Use of contract documents and information; inspection 6. Patent rights 7. Performance security 8. Inspections, tests and analysis 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Increase/decrease of Quantities 19. Contract amendments 20. Assignment 21. Subcontracts 22. Delays in the provider s performance 23. Penalties 24. Termination for defaults 25. Dumping and countervailing duties 26. Force Majeure 27. Termination for insolvency 28. Settlement of disputes 29. Limitation of liability 30. Governing language 31. Applicable law 32. Notices 33. Taxes and duties 34. Transfer of Contract 35. Amendments of Contract 36. National Industrial Participation Programme (NIPP) 37. Prohibition of restrictive Practices 11
GENERAL CONDITIONS OF CONTRACT 1. Definitions The following terms shall be interpreted as indicated: 1.1 Closing time means the date and hour specified in the bidding documents for the receipt of bids. 1.2 Chief Executive Officer means the CEO of ECPTA or her/his duly authorized representative; 1.3 Contract means the written agreement entered into between the purchaser and the provider, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. 1.4 Contract price means the price payable by the provider under the contract for the full and proper performance of his contractual obligations. 1.5 Corrupt practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. 1.6 Countervailing duties are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. 1.7 Country of origin means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. 1.8 Day means calendar day. 1.9 Delivery means delivery in compliance of the conditions of the contract or order. 1.10 Delivery ex stock means immediate delivery directly from stock actually on hand. 1.11 Delivery into consignees store or to his site means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the provider bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained. 1.12 Dumping occurs when a private enterprise abroad markets its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.13 ECPTA means Eastern Cape Parks & Tourism Agency. 12
1.14 Force majeure means an event beyond the control of the provider and not involving the provider s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.15 Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition. 1.16 GCC means the General Conditions of Contract. 1.17 Goods means all of the equipment, machinery, and/or other materials that the provider is required to supply to the purchaser under the contract. 1.18 Imported content means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the provider or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as land costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured. 1.19 Letter of acceptance means the written communication by ECPTA to the contractor recording the acceptance by ECPTA of the contractor s tender subject to the further terms and conditions to be itemized in the contract; 1.20 Local content means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place. 1.21 Manufacture means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. 1.22 Order means an official written order issued for the supply of goods or works or the rendering of a service. 1.23 Project site, where applicable, means the place indicated in bidding documents. 1.24 Purchaser means the organization purchasing the goods. 1.25 Republic means the Republic of South Africa. 1.26 SCC means the Special Conditions of Contract. 1.27 Services means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, 13
provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the provider covered under the contract. 1.28 Signature date means the date of the letter of acceptance; 1.29 Tender means an offer to supply goods/services to ECPTA at a price; 1.30 Tenderer means any person or body corporate offering to supply goods/services to ECPTA; 1.31 Written or in writing means hand-written in ink or any form of electronic or mechanical writing. 2. Application 2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services (excluding professional services related to the building and construction industry), sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise in the bidding documents. 2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. 3. General 3.1 Unless otherwise indicated in the bidding documents, ECPTA shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a nonrefundable fee for documents may be charged. 3.2 Invitations to bid are usually published in locally distributed news media and on the Eastern Cape Treasury government tender bulletin. 4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and specifications. 5. Use of contract documents and information; inspection 5.1 The provider shall not, without the purchaser s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the provider in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 5.2 The provider shall not, without the purchaser s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. 14
5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the provider s performance under the contract if so required by the purchaser. 5.4 The provider shall permit the purchaser to inspect the provider s records relating to the performance of the provider and to have them audited by auditors appointed by the purchaser, if so required by the purchaser. 6. Patent rights 6.1 The provider shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of goods or any part thereof by the purchaser. 6.2 When a provider develops documentation/projects for ECPTA, the intellectual, copy and patent rights or ownership of such documents or projects will vest in ECPTA. 7. Performance security 7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the ECPTA the performance security of the amount specified in SCC. 7.2 The proceeds of the performance security shall be payable to ECPTA as compensation for any loss resulting from the service provider s failure to complete his obligations under the contract. 7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to ECPTA and shall be in one of the following forms: (a) (b) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in South Africa or abroad, acceptable to ECPTA, in the form provided in the bidding documents or another form acceptable to ECPTA; or a cashier s or certified cheque. 7.4 The performance security will be discharged by ECPTA and returned to the provider not later than thirty (30) days following the date of completion of the provider s performance obligations under the contract, including any warranty obligations, unless otherwise specified. 8. Inspections, tests and analyses 8.1 All pre-bidding testing will be for the account of the bidder. 8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of the purchaser or an organization acting on behalf of the purchaser. 15
8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned. 8.4 If the inspections, tests and analyses referred to in clause 8.2 & 8.3 show the supplies to be in accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser. 8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the provider. 8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected. 8.7 Any contract supplies may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the provider who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do not comply with the requirements of the contract. Failing such removal the rejected supplies shall be returned at the providers cost and risk. Should the provider fail to provide the substitute supplies forthwith, the purchaser may, without giving the provider further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the provider. 8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC. 9. Packaging 9.1 The provider shall provide such packaging of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packaging shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packaging, case size and weights shall take into consideration, where appropriate, the remoteness of the good s final destination and the absence of heavy handling facilities at all points in transit. 9.2 The packaging, marking and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, and in any subsequent instructions ordered by the purchaser. 10. Delivery and documents 16
10.1 Delivery of the goods and arrangements for shipping and clearance obligations, shall be made by the provider in accordance with the terms specified in the contract. 11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified. 12. Transportation 12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified. 13. Incidental services 13.1 The provider may be required to provide any or all of the following services, including additional services, if any: (a) (b) (c) (d) (e) performance or supervision of on-site assembly and/or commissioning of the supplied goods; furnishing of tools required for assembly and/or maintenance of the supplied goods; furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the provider of any warranty obligations under this contract; and training of the purchaser s personnel, at the provider s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods. 13.2 Prices charged by the provider for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the provider for similar services. 14. Spare parts 14.1 As specified, the provider may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the provider: (a) such spare parts as the purchaser may elect to purchase from the provider, provided that this election shall not relieve the provider of any warranty obligations under the contract, and (b) in the event of termination of production of the spare parts: (i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and (ii) Following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested. 15. Warranty 17
15.1 The provider warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The provider further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the purchaser s specifications) or from any act or omission of the provider, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination. 15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise. 15.3 The purchaser shall promptly notify the provider in writing of any claims arising under this warranty. 15.4 Upon receipt of such notice, the provider shall, within the period specified and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser. 15.5 If the provider, having been notified, fails to remedy the defect(s) within the period specified, the purchaser may proceed to take such remedial action as may be necessary, at the provider s risk and expense and without prejudice to any other rights which the purchaser may have against the provider under the contract. 16. Payment 16.1 The method and conditions of payment to be made to the provider under this contract shall be specified 16.2 The provider shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other obligations stipulated in the contract. 16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by the provider. 16.4 Payment will be made in Rand unless otherwise stipulated. 17. Prices 17.1 Prices charged by the provider for goods delivered and services performed under the contract shall not vary from the prices quoted by the provider in his bid, with the exception of any price adjustments authorized or in the purchaser s request for bid validity extension, as the case may be. 18. Increase/decrease of quantities 18
18.1 In cases where the estimated value of the envisaged changes in purchase does not exceed 15% of the total value of the original contract, the contractor may be instructed to deliver the revised quantities. The contractor may be approached to reduce the unit price, and such offers may be accepted provided that there is no escalation in price. 19. Contract amendments 19.1 No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties concerned. 20. Assignment 20.1 The provider shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser s prior written consent. 21. Subcontracts 21.1 The provider shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the provider from any liability or obligation under the contract. 22. Delays in the provider s performance 22.1 Delivery of the goods and performance of services shall be made by the provider in accordance with the time schedule prescribed by the purchaser in the contract. 22.2 If at any time during performance of the contract, the provider or its subcontractor(s) should encounter conditions impeding timely delivery of the goods and performance of services, the provider shall promptly notify the purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the provider s notice, the purchaser shall evaluate the situation and may at his discretion extend the provider s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract. 22.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if any emergency arises, the provider s point of supply is not situated at or near the place where the supplies are required, or the provider s services are not readily available. 22.4 Except as provided under GCC Clause 25, a delay by the provider in the performance of its delivery obligations shall render the provider liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the application of penalties. 22.5 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without canceling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the provider s 19
expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the provider. 23. Penalties 23.1 Subject to GCC Clause 25, if the provider fails to deliver any or all of the goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed good or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23. 24. Termination For Default 24.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the provider, may terminate this contract in whole or in part: (a) if the provider fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2; (b) if the provider fails to perform any other obligation(s) under the contract; or (c) if the provider, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract. 24.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and the provider shall be liable to the purchaser for any excess costs for such similar goods, works or services. However, the provider shall continue performance of the contract to the extent not terminated. 25. Anti-Dumping and Countervailing Duties and Rights 25.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such antidumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the provider to the purchaser or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the provider in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him. 26. Force Majeure 26.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the provider shall not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that he delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure. 20
26.2 If a force majeure situation arises, the provider shall promptly notify the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the provider shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event. 27. Termination For Insolvency 27.1 The purchaser may at any time terminate the contract by giving written notice to the provider if the provider becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the provider, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser, 28. Settlement of Disputes 28.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the provider in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation. 28.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the purchaser or the provider may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party. 28.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law. 28.4 Notwithstanding any reference to mediation and / or court proceedings herein, (a) (b) the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and the purchaser shall pay the provider any monies due to the provider for goods delivered and / or services rendered according to the prescripts of the contract. 29. Limitation of Liability 29.1 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6; (a) the provider shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the provider to pay penalties and / or damages to the purchaser; and (b) the aggregate liability of the provider to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment. 30. Governing Language 30.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties shall also be written in English. 21
31. Applicable Law 31.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified. 32. Notices 32.1 Every written acceptance of a bid shall be posted to the provider concerned by registered or certified mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting shall be deemed to be proper service of such notice. 32.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be reckoned from the date of posting of such notice. 33. Taxes and Duties 33.1 A foreign provider shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the purchaser s country. 33.2 A local provider shall be entirely responsible for all taxes, duties, license fees, etc, incurred until delivery of the contracted goods to the purchaser. 33.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid SARS must have certified that the tax matters of the preferred bidder are in order. 34. Transfer of Contracts 34.1 The contractor shall not abandon, transfer, assign or sublet a contract or part thereof without the written permission of the purchaser. 35. Amendment of Contracts 35.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall also be in writing. 36. National Industrial Participation Programme (NIP) 36.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all contracts that are subject to the NIP obligation. 37. Amendment of Contracts 37.1 In terms of Section 4 (b) (iii) of the Competition Act No. 89 of 1998, as amended, an agreement between, or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is/are or a contractor (s) was / were involved in collusive bidding (or bid rigging). 37.2 If a bidder (s) or contractors, based on reasonable grounds or evidence obtained by purchaser, has / have engaged in the restrictive practice referred above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in the Competition Act No. 89 of 1998. 22
37.3 If a bidder (s) or contractor (s), has / have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bidder (s) for such item (s) offered and /terminate the contract in whole or part, and / or restrict the bidder (s) or contract (s) from conducting business with the public sector for a period not exceeding ten (10) years and / or claim damages from the bidder (s) or contractor(s) concerned. DATE SIGNATURE OF BIDDER 23
SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011 This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B- BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011. 1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids: - the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes included); and - the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes included). 1.2 The value of this bid is estimated not to exceed R1 000 000 (all applicable taxes included) and therefore the 80:20..system shall be applicable. 1.3 Preference points for this bid shall be awarded for: (a) (b) Price; and B-BBEE Status Level of Contribution. 1.3.1 The maximum points for this bid are allocated as follows: POINTS 1.3.1.1 PRICE 80 1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 20 Total points for Price and B-BBEE must not exceed 100 1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed. 24
1.5. The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2. DEFINITIONS 2.1 all applicable taxes includes value-added tax, pay as you earn, income tax, unemployment Insurance fund contributions and skills development levies; 2.2 B-BBEE means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act; 2.3 B-BBEE status level of contributor means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad- Based Black Economic Empowerment Act; 2.4 bid means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals; 2.5 Broad-Based Black Economic Empowerment Act means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 2.7 consortium or joint venture means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 2.8 contract means the agreement that results from the acceptance of a bid by an organ of state; 2.9 EME means any enterprise with annual total revenue of R5 million or less. 2.10 Firm price means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract; 2.11 functionality means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder; 25
2.12 non-firm prices means all prices other than firm prices; 2.13 person includes a juristic person; 2.14 rand value means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties; 2.15 sub-contract means the primary contractor s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract; 2.16 total revenue bears the same meaning assigned to this expression in the Codes of ` Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007; 2.17 trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 2.18 trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 3. ADJUDICATION USING A POINT SYSTEM 3.1 The bidder obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;. 3.3. Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE. 3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality. 3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 PREFERENCE POINT SYSTEMS A maximum of 80 points will be allocated for price on the following basis: 26
80/20 Ps 801 Where Pt P min P min Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: B-BBEE Status Level of Contributor Number of points (80/20 system) 1 20 2 18 3 16 4 12 5 8 6 6 7 4 8 2 Non-compliant contributor 0 5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for 27
IRBA s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates. 5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. 5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal Entity provided that the entity submits their B-BBEE status level certificate. 5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an Unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid. 5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended subcontractor is an EME that has the capability and ability to execute the sub-contract. 5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract. 6. BID DECLARATION 6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 6.2 B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND 5.1 7.1 B-BBEE Status Level of Contribution:. (maximum of 10 or 20 points) (Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA). 8 SUB-CONTRACTING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable) 28